A Parker County man accused in the attempted capital murder of a Fort Worth police officer was released on bond from the Tarrant County Jail Wednesday morning.
Ed McIver, Jr. was arrested in mid-March after he and his father attempted to evade arrest in west Fort Worth. His father, Ed McIver, Sr., was a wanted felon, shot and killed during an exchange of gunfire with police that critically wounded Fort Worth Police Officer Matt Pearce.
A Tarrant County grand jury no-billed McIver in Officer Pearce's shooting last week, but the District Attorney, adamant that McIver face a jury trial, immediately refiled the charges to put the case before a new grand jury.
Escorted by sheriff's deputies, McIver Jr. left the Tarrant County Jail a little before 9 a.m. Wednesday and made the three-block walk to the Community Supervision and Corrections Department. He was with approximately 13 other individuals taken from jail to the county's supervision office.
McIver did not speak or answer any questions. He is free on bond, but has numerous restrictions set by the judge in his case.
Texas state law requires prosecutors to secure an indictment against a defendant within 90 days. Since that didn't happen in McIver Jr.'s case, state law dictates he must be released or receive a bond he can afford.
McIver Jr. walked out of the probation office, with a GPS device fitted to his ankle and his attorney, Brian Walker, at his side. Walker says his client never fired a gun the day of the shoot out and that all the bullets from their car came from his father.
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McIver Jr. did, however, run from police and investigators say he had a rifle when they found him hiding in the woods later that night.
Walker still believes the evidence will clear his client.
“We’re ecstatic, to say the least. This big kid right here is happy that he’s out," Walker said Wednesday. "Of course, I’m happy, his family’s happy. We’re all elated that he’s gonna get a little taste of freedom for a little while. At least until we have the opportunity to fully get him exonerated and to prove his innocence through this process.”
McIver Jr. is said to be indigent, as he has court-appointed attorneys, and his family and friends were only able to assemble enough for a $10,000 bond originally. But on Tuesday night, NBC 5 learned that McIver had posted a $17,000 bond -- down from the original bond of $2 million.
Conditions of his release including wearing both a GPS ankle monitor and a Scram device that detects alcohol and he cannot possess firearms or live with anyone that does. McIver must reside in either Parker or Tarrant counties and cannot consume alcohol or drugs.
Fort Worth Police Spokesman Sgt. Marc Povero told NBC 5 Wednesday:
"We have no issue with the decision of the judge in this hearing to reduce Mr. McIver's bond. We are hopeful that he will abide by the conditions and, if indicted, show up for his trial. We can only rely on Mr. McIver's better judgment and the advice of his attorney to abide by his bond conditions set forth by the judge. The bond conditions were put into place to reduce the chances of Mr. McIver re-offending before the grand jury convenes or before his trial."
The same spokesman said last week the Department was very disappointed with the grand jury's no-bill decision and that, like the District Attorney, they want to see McIver Jr. stand trial.
The new grand jury convenes next month to take on this case.